Colts safety Joe Lefeged released on own recognizance

Jul. 2, 2013
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In this Dec. 16, 2012, file photo, Indianapolis Colts' Joe Lefeged watches from the sidelines during the second quarter of an NFL football game against the Houston Texans in Houston. Lefeged has been released from jail on gun charges. / Eric Gay, AP

by Gary Mihoces, USA TODAY Sports

by Gary Mihoces, USA TODAY Sports

WASHINGTON â?? Wearing an orange prison jumpsuit and handcuffs, Indianapolis Colts safety Joe Lefeged waived a preliminary hearing Tuesday on gun-related charges and was ordered released on his own recognizance without bond â?? against the request of the prosecution that he be held.

Because he waived the hearing, where it would have been incumbent on prosecutors to show probable cause to proceed, Lefeged's case was automatically referred to the grand jury. That clears the way for talks between his attorneys and the prosecutors from the U.S. Attorney's Office for the District of Columbia.

Judge Frederick Sullivan ordered Lefeged released following his appearance in the district's Superior Court. Lefeged, 25, entering his third season with the Colts, had been jailed since his arrest early Saturday following a traffic stop. Police allege a gun was found in a vehicle fled by Lefeged and two other men.

Ben Schrader, the assistant U.S. attorney who handled the case in court, argued Lefeged should not be released on personal recognizance.

"This was a case of drugs and guns," Schrader said in court.

Lefeged was advised that the charges against him carry a maximum penalty of $5,000 fine and/or up to five years in prison.

Schrader also told the judge that Lefeged attempted to flee and that the handgun found under the front seat of the car was loaded.

"The gun was loaded with one round in the chamber and 12 rounds in the clip," Schrader said.

Lefeged's arrest continued a string of bad news for the NFL, which has watched as 30 players have been arrested since the Super Bowl, including former New England Patriots tight end Aaron Hernandez, who has been charged with murder.

In releasing Lefeged, the judge issued a warning: "You get caught with a weapon or some drugs, you're going to jail," Sullivan said.

The judge said he had concerns about the alleged attempt to flee the scene.

"The flight problem bothers me more than anything, but that's for a judge down the road," Sullivan said.

David Schertler, a Washington attorney who represented Lefeged, mentioned during the court proceeding that Lefeged was an NFL players with the Colts.

The judge questioned how that was related to "recent events." Schertler followed up by saying that it was relevant in that Lefeged had a reputation as an "exemplary citizen." After the proceeding, Schertler described Lefeged as a "good kid."

The attorney said he did not know what type of drug the government was alleging was found in the vehicle, but in the incident report, an officer said he smelled marijuana when he first pulled over the vehicle.

"I haven't been told," Schertler said. He added that if there were any drugs in the car, they were related to a previous surgery undergone by Lefeged. "We do not believe there is any drug issue at all," he said.

The handcuffs worn by Lefeged were attached to a chain around his waist. Though restricted, he signed a court document waiving the preliminary hearing.

"Do you understand that document?" asked the judge.

"Yes," Lefeged said.

Lefeged, who played at Northwest High School in nearby Germantown, Md., and later at Rutgers University, was signed by the Colts as a rookie free agent in 2011. He started four games last season.

Lefeged was charged with carrying a firearm without a license, having a firearm unregistered in the district, having unregistered ammunition, having a firearm in a motor vehicle and possession of an open container of alcohol.

The charging document said the weapon was a H&K .40-caliber semi-automatic handgun. Police said Maryland State Police paperwork found in the vehicle showed the gun was bought in February of this year by Lefeged and that he took possession of the weapon on May 21. The document said the purchase receipt showed the gun was bought for about $900.

During the traffic stop, the document said plain clothes police ordered the driver of the car to put it in park "approximately three times" and that the driver then allegedly "stepped on the gas an accelerated â?¦. Almost striking the officers."

The charging document said the investigation of the name of the driver was "ongoing."

The document said the car, a convertible Chevy Camaro, was stopped because it was speeding and because another passenger was standing up in the backseat. The document also said police found a plastic bottle containing vodka in the vehicle. The documents said Lefeged and the other passenger were arrested after they attempted to flee.

William Miller, a spokesman for the U.S. attorney's office for the District of Columbia, said Tuesday morning that no charges were filed against the other passenger following his arrest. Miller said the driver of the car managed to flee the scene.

Lefeged was originally represented by Maryland attorney Marnitta King. Schertler handled his representation in the court proceeding Tuesday with King looking on.

The next step for Lefeged with the case referred to the grand jury?

"That's usually when the defense attorneys talk to the prosecutors about the case," Schertler said.